Privacy Policy


LAST UPADTED: 23 JANUARY, 2016

PRIVACY POLICY

This Privacy Policy governs the privacy of information Hip Traveller Pty. Ltd. (Hip Traveller) collects whilst using the Hip Traveller iOS mobile application and Hip Traveller’s website (the "Service"). This policy does not apply to the practices of other companies that Hip Traveller does not own or control. This policy includes examples of the types of information Hip Traveller collects.
These examples are illustrative and should not be considered a complete inventory of Hip Traveller’s information collection, use, and sharing practices. By installing, using, or accessing the Hip Traveller Service, you agree to this policy. If you do not agree to this policy, do not install, use, or access the Service. Hip Traveller may update this policy from time to time and will post updates to this policy on this web page, including the policy's effective date.
By your use of the Service, you understand and consent to the collection and use of your data, the transfer of that data around Australia and other countries for storage, processing, and use by Hip Traveller.

INFORMATION COLLECTED

Hip Traveller collects a variety of information through general use of the Service that help us convey to users your identify, such as your profile name, website, general information or description and helps us to deliver a better experience for you in the Hip Traveller Service.

INFORMATION WHEN REGISTERING

When creating an account on Hip Traveller, you may do so by authenticating through a third-party service, such as Facebook. By doing so, you link your Facebook account with the Hip Traveller application, and Hip Traveller collects and stores information from Facebook about your public identify that you have provided to Hip Traveller and have consented to share to us.
Hip Traveller also asks for and stores an email you provide upon registration. We do so to be able to contact you and validate your identity if so needed. As part of providing you the Hip Traveller Service, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Hip Traveller Service and your Hip Traveller account, which you may not be able to opt-out from receiving.

CONTENT, FOLLOWING, AND OTHER PUBLIC INFORMATION

Hip Traveller is a content sharing platform, so most of the information you provide us is information that you choose to be made public. This includes not only the content that you post and data provided with such content, such as when it was posted, but also the accounts you follow, the content that you like and other public interactions on the Hip Traveller Services. Your public information is broadly and instantly disseminated.

LOCATION INFORMATION

Hip Traveller does not collect location information from users apart from the content that you share on the Hip Traveller service which is publically available through the Hip Traveller application.

LINKS

Hip Traveller may keep analytical data on the links, content, and actions you interact with within the Hip Traveller Service, content that users interact with, and general trends across these links, content, and actions in the Hip Traveller Service. We do this to improve the Service, to better understand our users, and deliver better functionality for users to share information.

COOKIES

Hip Traveller uses "cookies" to allow us to better understand how people use the Hip Traveller Service. Cookies themselves are small data files that your browser places on your computer or device. Cookies help your browser navigate a website and the cookies themselves cannot collect any information stored on your computer or your files. Hip Traveller uses cookies to learn more about the way you interact with our content and help us improve your experience when visiting the Hip Traveller Service. These cookies are not personally associated with your real identity.

LOG DATA

Hip Traveller servers automatically record data ("Log Data") created by your use of the Service. Log Data may include information such as your IP address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, device and application IDs, and cookie information. We receive this log information when you interact with the Service by interacting with our mobile application, visiting our website, signing into the Hip Traveller Hip Traveller uses this data to measure, understand, and improve the experience to you.

INFORMATION DISCLOSURE

Hip Traveller may share or disclose your information at your direction, such as when you choose to publicly post content or update your profile information. Hip Traveller may provide information on a confidential basis to nonaffiliated companies Hip Traveller engages as contractors or agents to perform services for Hip Traveller, such as hosting services or maintaining software. Information will be shared with such third party service providers only to the extent reasonably necessary for them to perform services on Hip Traveller's behalf, and pursuant to confidentiality obligations consistent with this Privacy Policy.
Notwithstanding anything to the contrary in this Privacy Policy, Hip Traveller may preserve or disclose your information if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect Hip Traveller's rights or property. However, nothing in this Privacy Policy is intended to limit any legal defenses or objections that you may have to a third party's, including a government's, request to disclose your information.
If Hip Traveller is involved in a merger, acquisition, reorganization or sale of assets, or if Hip Traveller goes out of business or enters bankruptcy, user information may be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any of the acquirer of Hip Traveller or our assets may continue to use your personal information as set forth in this Privacy Policy.
We may share or disclose your non-private, aggregated or otherwise non-personal information, such as your public user profile information, public posts, the people you follow or that follow you, or the number of users who clicked on a particular link.

DELECTION OF ACCOUNT AND MODIFYING YOUR INFORMATION

If you are a registered user of our Service, you may modify the profile information you provided or made available to us and associated with your account. If you wish to delete you account then you may do so by contacting us through support@hiptraveller.co.uk with the subject line of ‘delete account’.

USERS UNDER AGE 13

Hip Traveller services are not intended for persons under the age of 13. If you become aware that a user under the age of 13 has provided us with personal information without the consent of an adult who has custody over that child, please contact us through support@hiptraveller.co.uk Hip Traveller never knowingly accepts personal information from users under the age of 13 and if we become aware that a child under 13 has provided us with personal information, we will take action to remove the information and terminate the user's account.

SPEECH GUIDELINES

The internet is a wonderful place, but we've noticed that it also gives people the means to insult and/or harass others without taking full responsibility for their words. We insist that while you are on Hip Traveller you respect the people you photograph and encounter, as well as their photos.
You are free to disagree and provide critical feedback but please keep it respectful. If you wouldn't say it to someone's face don't say it on Hip Traveller. And if you cannot conduct yourself in a respectful manner, you will be banished forever.

WEBSITE DISCLAIMER

1. UPLOADING GUIDELINES
2. LICENSES GRANTED BY YOU
a) Photos
b) Non-Photo Content
3. YOUR REPRESENTATIONS AND WARRANTIES
4. INDEMNIFICATION
5. THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
6. DISCLAIMERS
7. LIMITATION OF LIABILITY
8. COMPLIANCE NOTICE PURSUANT TO 1B u.s.c. § 2257
9. GENERAL PROVISIONS

1. UPLOADING GUIDELINES

I will only upload photos I created myself.
  1. You must own or hold all necessary rights (copyrights. etc) to your photos.
  2. "l have permission" does not mean you created it.
  3. Directors, DPs, editors, musicians, graphic effects artists, and actors may upload works to which they have contributed significantly.

I will not upload photos intended for commercial use.
  1. Businesses may not use basic Hip Traveller Service to host their photos.
  2. Exceptions are made for: independent production companies, authors, photographers, artists, musicians, nonprofits and actors who want to promote the work they have created.
  3. You may not upload photos containing ads that are displayed unless given prior written permission from an authorised member of the Hip Traveller staff. Photos with advertisements in them will be removed.
  4. You may not upload photos pertaining to multi-level marketing (MLM), get-rich-quick schemes, cash gifting, work-from-home businesses, or any other dubious money-making ventures.
  5. You may not upload product promotions or sales photos such as real estate walkthroughs.
  6. Broadcasting or Production studios may not use the Hip Traveller Service to redistribute their content.
  7. We reserve the right to allow the uploading of certain commercial content for businesses who have coordinated partnerships with Hip Traveller Pty. Ltd.

I understand that certain types of content are not permitted on Hip Traveller.
  1. You may not upload sexually explicit material or pornography. Non-sexual nudity is allowed.
  2. You may not upload photos that incite hatred; include defamatory or discriminatory speech; or depict unlawful acts or extreme violence.
  3. You may post photos of yourself on TV, as long as you have permission to upload the photos and the photo depicts only your involvement in the program.
  4. You may not upload photos that are clips or compilations of scenes from TV programmes or movies.
  5. You may not upload captures of video games or gameplay, even if edited.

2. LICENSES GRANTED BY YOU
a) Photos
LICENSE TO HIP TRAVELLER: As between you and Hip Traveller, you own the photo content ("photos") that you submit to the Hip Traveller Service. By submitting a photo, you grant Hip Traveller and its affiliates a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display through all media now known or hereafter created, and make derivative works from your photo for the purpose of (i) displaying the photo within the Hip Traveller Service; (ii) displaying the photo on third party websites and applications through a photo embed or Hip Traveller's API; (iii) allowing other users to share and embed on third party websites the photo; (iii) promoting the Hip Traveller Service; and (iv)achieving or preserving the photo for disputes, legal proceedings or investigations.
LICENSE TO OTHER USERS: You further grant all users of the Hip Traveller Service permission to view and share your photos for their personal, non-commercial purposes. This includes the right to copy and make derivative works from the photos solely to the extent necessary to view the photos. The foregoing licenses are In addition to any license you may decide to grant [e.g,. a Creative Commons license).
DURATION OF LICENSES: The above licenses will continue unless and until you request removal of your photos from the Hip Traveller Service by contacting us directly from our support and contact page, in which case the licenses will terminate within a commercially reasonable period of time. Not withstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely. Please note that removed photos may be cached in search engine indices after removal and that Hip Traveller has no control over such caching.
b) Non-Photo Content
As between you and Hip Traveller, you own all non-photo content that you submit to the Hip Traveller Service. You grant Hip Traveller and its affiliates a worldwide, perpetual, irrevocable, nonexclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display through all media now known or hereafter created, and make derivative works from your non-photo content. In addition, you waive any so-called "moral rights“ in your non-photo content. You further grant all users of the Hip Traveller Service permission to share and view your non-photo content for their personal, non-commercial purposes. If you make suggestions to Hip Traveller on improving or adding new features to the Hip Traveller Service, Hip Traveller shall have the right to use your suggestions without any compensation to you.

3. YOUR REPRESENTATIONS AND WARRANTIES

For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to Hip Traveller and grant the licenses set forth above: (ii) Hip Traveller will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.

4. INDEMNIFICATION

You Will indemnify, defend, and hold harmless Hip Traveller and its affiliates, directors, officers, employees, and agents from and against all third party actions that: (i) arise from your activities on the Hip Traveller Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Hip Traveller violates any law or infringes any third party right, including any intellectual property or privacy right.

5. THIRD PARTY COPYRIGHTS AND OTHER RIGHTS

Hip Traveller respects the intellectual property rights of others, if you believe that your copyright has been infringed. please send us a notice as set forth in our Terms and Conditions Policy, which is incorporated into this Agreement. For other intellectual property claims, please send us a notice through our support and contact page clearly stating copyright infringement in the subject line.

6. DISCLAIMERS

Hip Traveller reserves the right to modify the Hip Traveller Service. You are responsible for providing your own access (e.g.. computer, mobile device, internet connection, et cetera to the Hip Traveller Service. Hip Traveller has no obligation to screen or monitor any content and does not guarantee that any content available on the Hip Traveller Service complies with this Agreement or is suitable for all users. Hip Traveller provides the Hip Traveller Service on an “as is" and "as available" basis. You therefore use the Hip Traveller Service at your own risk. Hip Traveller expressly disclaims any and all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement and any other warranty that might arise under any law. Without limiting the foregoing, Hip Traveller makes no representations or warranties:
  • That the Hip Traveller Service will be permitted in your jurisdiction;
  • That the Hip Traveller Service will be uninterrupted or error-free;
  • Concerning any content submitted by any member;
  • Concerning any third party‘s use of content that you submit;
  • That any content you submit will be made available on the Hip Traveller Service or will be stored by Hip Traveller; or
  • That the Hip Traveller Service will meet your business or professional needs;
  • That Hip Traveller will continue to support any particular feature of the Hip Traveller Service.
  • Concerning sites and resources outside of the Hip Traveller Service, even if linked to from the Hip Traveller Service. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (days after the date on which you first used the Hip Traveller Service, and no warranties shall apply after such period).

7. LIMITATION OF LIABILITY

To the fullest extent permitted by law: (i) Hip Traveller shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) Hip Traveller's total liability to you shall not exceed the amounts paid by you to Hip Traveller over the twelve (12) months preceding your claim(s).

8. COMPLIANCE NOTICE PURSUANT T018 U.S.C. § 2257

All pictures, graphics, and other visual media displayed on the Hip Traveller Service are exempt from 18 use § 2257 and 28 C.F,R, 75 because they do not consist of depictions of conduct as specifically listed in 18 use, § 2256 (2) (A) - (D) but are merely, at most, depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3,1995. Hip Traveller is not the primary producer of the visual content contained in the Hip Traveller Service.

9. GENERAL PROVISIONS

GOVERNING LAW : This Agreement shall be governed by the laws of the Australian government, State Government of Victoria, without regard to principles of conflicts of law, The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
DISPUTES : Any action arising out of or relating to this Agreement or your use of the Hip Traveller Service must be commenced in the courts located in the state of Victoria, Australia (and you consent to the jurisdictlon of those courts]. In any such action, Hip Traveller and you irrevocably waive any right to a trial by jury.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES : Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Hip Traveller in exercising any right hereunder will waive any further exercise of that right. Hip Traveller's rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT: N0 THIRD PARTY BENEFICIARIES : This Agreement is binding upon and shall incure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns. You may not assign this Agreement without Hip Traveller‘s prior written consent. No third party shall have any rights hereunder.
NOTICES : You consent to receive all communications including notices, agreements, disclosures, or other information from Hip Traveller electronicaly. Hip Traveller may provide all such communications by email or by posting them on the Hip Traveller Service. For support related inquiries, you may send an email to hiptraveller.co.uk/support_contact.php. You may send notices of a legal nature to Hip Traveller via the contact and support section with the clear subject heading - Attention: Legal Department. Nothing herein shall limit Hip Traveller's right to object to subpoenas, claims, or other demands,
MODIFICATION : This Agreement may not be modified except by a revised Terms of Service posted by Hip Traveller on the Hip Traveller Site or a written amendment signed by an authorized representative of Hip Traveller. A revised Terms of Service will be effective as of the date it is posted on the Hip Traveiler Site.
MODIFICATION : This Agreement incorporates the following documents by reference:
  • Privacy Policy
  • Speach Guidelines
  • Copyright and Terms Policy
This Agreement comprises the entire agreement between you and Hip Traveller and supersedes all prior negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein. No joint venture, partnership, employment, or agency relationship exists between you, Hip Traveller or any third party provider as a result of this Agreement or use of the Hip Traveller Service. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of Hip Traveller to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Hip Traveller in writing.